[NCUC-DISCUSS] Bylaws: Join With Us!

[Edward Morris]

Hi Carlos,

I'm sorry to hear that your mom has been ill but happy to hear she is doing
better. Please accept my wishes and hopes that she continues to improve.
Ninety two is quite an impressive age to be...

As you know ( you were a part of the discussion in Beijing!),  some have
broached the idea of formally establishing ourselves as a legal nonprofit
(IRS 501(c)(3)) under US law. That would present a whole host of issues
that we need not get into here. What I was referring to is the ongoing
effort by ICANN to regulate and, in effect, standardize somewhat  the
governing documents of the SO's and constituent members thereof. Bill is
far more knowledgeable than I on this issue and I'm sure he can clarify, if
need be, but my understanding is that Bylaws are in and Charters are out. I
stand to be corrected...

You do bring up an interesting issue though: independence. I'm hoping this
won't be a major problem but we do need to make sure our Bylaws are in
compliance with ICANN edicts so, as you note, we aren't expelled from "the
ICANN realm". What if we as a community disagree with the edicts? I know
there have been major battles in the past, and I guess we cross that bridge
if we get to it, but while hoping and believing that won't be much of a
problem this time it's obviously something we need to be thinking about.
I'm frankly unsure as to our obligation to comply with any aspect of
California's public benefit corporation statutes: interesting question. Do
obligations filter through to us via ICANN? That's certainly something we
need to sort as we do the revision.

Thanks so much for offering to help out Carlos - your experience both
inside and outside of ICANN will be a major asset as we move forward.

Ed










On Mon, Aug 26, 2013 at 12:34 PM, Carlos A. Afonso <ca at cafonso.ca> wrote:

> Thanks, Ed. I appreciate your efforts (as well as Bill's and Tapani's) on
> this. I am sort of handicapped by a tsunami of tasks in Brazil, compounded
> by a family health problem (my 92-yr old mom, who is ok now after nearly a
> month).
>
> I will try to contribute. A quick note right now. I am not sure that NCUC
> bylaws need to be under California's legislation, or even US legislation.
> If so many of us (within and out of NCUC) are seeking ways to build truly
> international governance on a multistakeholder basis, how about trying to
> do our bylaws to reflect this vision, and not tie it to a particular State?
> Unless, of course, this would mean being expelled from the ICANN realm.
> After all, bylaws for a group do not need official incorporation -- unless,
> again, we decide to create an NGO or such.
>
> Am I delirious here?
>
> fraternal regards
>
> --c.a.
>
> On 08/25/2013 09:25 PM, Edward Morris wrote:
>
>> It is a flawed document, though. Did you know we have dues? Neither does
>> our treasury, but they are there in Article X. Revising the Bylaws, if
>> not done by the E.C., requires a petition signed by 10 per cent of our
>> members (Article VII(A) ) or 5 percent of our members (Article
>> III(G)(5): take your pick. Of course, that's to revise our Charter when
>> we actually don't have one: we operate under Bylaws, not Charters.
>> California legal requirement. Our GNSO Counsellors and NCSG EC members:
>> Congratulations! You are members of the NCSG Policy Committee ( Article
>> V(B)). You probably didn't know that. Then, again, it comes to a
>> surprise to most of us that we have a NCUC PC.  And so on...
>>
>
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